U1 AOS2 - Strict Liability Offences and the Age of Criminal Responsibility Flashcards

1
Q

Strict liability offences

A
  • do not require the ‘mens rea’ element to be proven to find the accused guilty (only ‘actus reus’ required)
  • e.g.:
    • speeding, serving underaged people alcohol, not wearing a seatbelt, public transport fare evasion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Defence to SLOs

A

-honest and reasonable mistake of fact:
- where the accused honestly believes facts existed at the time of the offence, which if true would mean they were not committing an offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Age of criminal responsibility (Victoria)

A
  • Under 10 years of age:
    • cannot be charged with a crime
  • 10-13 years of age:
    • can be charged but the doctrine of ‘doli incapax’ applies (assumption that the accused is unable of forming criminal intent
    • this means the prosecution has to rebut the doctrine by proving the child knew what they were doing was wrong
    • can be done through psychological or medical assessments
  • 14 and above:
    • can be charged with a crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly